M -v- McS [2015] IEHC 864 (11 December 2015)

M -v- McS [2015] IEHC 864 (11 December 2015)

Where an appeal becomes moot in family law proceedings concerning the welfare of an infant, the High Court retains jurisdiction to make interlocutory protective orders to address urgent issues pending a full hearing in the Circuit Court, guided by the paramountcy of the child's interests and practical case management.

Citation
[2015] IEHC 864
Parties
Applicant/respondent: M.; Respondent/appellant: McS.
Jurisdiction
Ireland
Judgment Date
11 December 2015
Procedural Posture
Family Law Appeal / High Court Appeal From Circuit Court Interlocutory Order
Outcome
Appeal struck out as moot; High Court made interlocutory protective orders.
Legal Topics
Judicial Separation, Custody and Access, Appeals, Protective Measures, Case Management
Family Law Judicial Separation Custody and Access Appeals Protective Measures Case Management

Case Brief

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Parties

M.

Applicant/respondent

McS.

Respondent/appellant

Procedural Posture

Family Law Appeal / High Court Appeal From Circuit Court Interlocutory Order

Legal Issues

  1. 1 Jurisdiction of High Court on moot appeal
  2. 2 Admissibility of new evidence on appeal
  3. 3 Protective measures for welfare of child

Ratio Decidendi

Where an appeal becomes moot in family law proceedings concerning the welfare of an infant, the High Court retains jurisdiction to make interlocutory protective orders to address urgent issues pending a full hearing in the Circuit Court, guided by the paramountcy of the child's interests and practical case management.

Court Disposition

Appeal struck out as moot; High Court made interlocutory protective orders.

Orders

  • Christmas access arrangements for the child as recommended by Prof. Sheehan.
  • Early Boston holiday for the child with protective measures discussed.